Ride the Lightning

Texas Rocks the House: First State to Ban Warrantless E-Mail Snooping

June 20, 2013

Texas has never been my favorite state, though it gets points for being the residence of dear friends Craig Ball and Tom Mighell.

Apart from that, I rarely have cause to give Texas a shout-out, but last Friday it became the first state in the U.S. to prohibit e-mail snooping by state and local authorities without a warrant. So kudos to the Lone Star state for passing that law – and where are the 49 other legislatures?

Mind you, no state action can stop the prying eyes of the Feds. Under federal law, a warrant must be procured only if the e-mail is unopened. Once it has been opened, it's fair game under the antiquated Electronic Communications Privacy Act (what a misnomer) – and ditto if it has been sitting unread for 180 days. And if the communication falls under the Patriot Act . . . well, goodbye to any protection.

The need to revise the ECPA has been glaringly apparent for years. Let's hope Congress (one of these days) will get that message.

In the meantime, I will raise a glass of wine and toast the Lone Star State for being the first to act to protect its citizens from warrantless spying by state and local authorities. Maybe I'll even watch "The Alamo" – drinking wine has always improved my assessment of John Wayne's acting.